Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-13

No other development growing Out VI
the litigation over coupons has attracted
so much attention in the State as has
the institution by Nr. ROYALL of suits
against grand jurors in the Hastings
Court. Indeed, we doubt not that it Is
fair TO say that no other case in Virginia
has created so much feeling of certain
sort. And naturally. tits looked upon
as blow at the jury system. 1t has
raised in the public mind the question,
Whst protection, if any, have judges
and jurors? This is evident from the
uttoraDces of our contemporaries all
over the Commonwealth.
As to judges, the law affords them
ample protection. The English ruling
is that no private suit viii lie against
judges of courts of general jurisdiction,
either for error of judgment or even
for misconduct in their judicial func-
tons. Further, the same protection is
extended to Judges Of courts of inferior
jurisdiction when acting within the
limit Of their jurisdiction. This rule
of exemption has been sustained by the
most eminent English judges. 1t has
also been sustained 10y the United
States Supreme Court in the case OF
Brad'Cy rs. Fisher. As an example OF
how broadly the doctrine is laid down
in this opinion we quote:
THE principle, therefore, which ex-
empts judges Of courts OF superior or
general authority from liability in a
civil action for acts done by them III
the exercise of their Judicial functions,
obtains in all countries where there Ii
any well-ordcred system of jnrispu-
dence. It has been the settled doc
trine Of the Inelish courts for many
centuries. and has never been denied,
that We ere aware Of, IN the courts Of
this country It has, as Chancellor
Kent Observes, "a deep root IN the com
mon Law.
Again:
"The exemption of judges of the
superior courts OF record from liability TO
civil suit for their judicial acts exist
ing when there Is jurisdiction OF the
subject matter, though irreSularlty ana
error attend the exercise of the Juris-
diction, the exemption cannot be Affect
cd by any consideration OF the motive
with which the acts are done.
So much as to the protection OF
judges. Now as to the protection OF
jurors. 1t will not Ice denied that in the
case of grand jurors their jurisdiction
is coextensiye with that OF the court to
which they make presentments Good
authority says;
.'Tbat the same exemption from pri-
waite sr,t on account of Judicial acts
which is given to judges IS also eX-
tended to jurors, who, by the English
and American law, are judges OF facts.
IL this be so it would seem that the
decision in the case of Bradtey rs.
Fishcr also settles it that jurors cannot
be made responsible i'll damages. But
whether it be 80 or not-that is whether
or not there be an accepted ruling Gov
ering the exemption of iurors-we
have no fear for the jury system. What
ever BoxD may decide the final result
will not deter any Virginia grand juror
from exercising the functions OF his OF
fec. the doing OF which is often as dis
agreeable as it is necessary. The issu
involves too much. For the court o
last resort to disturb the existing orde
of things would he to violate the pre-
cedents Of hundreds Of years and strik
at the very spirit Of free institutions
To demonstrate that this is 50, IL is onl,
necessary TO glance briefly at the his
tory Of the jury system. Touchin
what may be termed the genesis OF Tn
Jury, authorities are not satisfactory
We find suggestions OF the jury systea
associated with the brightest erss q
Grecian and Roman jurisprudeics an
!. civilization, and we know that there wa
form Of trial answering somewhat
trial by jury among the early Teutoni
and liberty-loving scandinavian tribes
1t is, however, conceded that our ow
immediate petit jury is the offspring G
the grand jury which existed substar
tally as it does now among the Anglc
Saxons. Starting with this, therefore
we see that the jury has been the torcl
bearer that has lighted the road OF pre-
gress in the direction Of freedom.
las been coexistent with individual il
dependence and with self-relianc'
Jealousy as to the rights, not to 50
inuolsbiIity and eacsednsss OF th
!. jury. has manifested itself among Enc
disappearing people ever s'nee ii